Terror suspect accepts deal

Thursday

Jun 1, 2006 at 12:01 AM

SACRAMENTO - Federal prosecutors ended their efforts to convict a Lodi ice cream peddler on terrorism-related charges Wednesday, accepting a guilty plea from Umer Hayat to a lesser charge that he lied about how much money he was taking to Pakistan in 2003.

Jeff Hood

SACRAMENTO - Federal prosecutors ended their efforts to convict a Lodi ice cream peddler on terrorism-related charges Wednesday, accepting a guilty plea from Umer Hayat to a lesser charge that he lied about how much money he was taking to Pakistan in 2003.

The felony plea deal came five days before attorneys were to begin jury selection in Hayat's second trial on charges he lied to the FBI about his son's attendance at a terrorist training camp in Pakistan and denied his firsthand knowledge of Pakistani terrorist camps. The first trial ended April 25 with a hung jury.

The same day, a different jury convicted the son, Hamid Hayat, on charges he attended a terrorist training camp and lied about it.

Umer Hayat, a 48-year-old U.S. citizen born in Pakistan, admitted in U.S. District Court that he lied to customs officials and the FBI at Dulles International Airport in Virginia on April 19, 2003, when he denied his family had more than $10,000 in cash. In fact, he, his wife and Hamid Hayat had a total of $28,053.

Umer Hayat was released on bail May 1 after spending 11 months in the Sacramento County Jail. Prosecutors said Wednesday they will not seek any additional jail time as part of the plea deal, although U.S. District Judge Garland E. Burrell Jr. is not bound by that recommendation at the Aug. 18 sentencing hearing.

Hayat has been under house arrest at his Acacia Street home. He will remain under house arrest until sentencing. Prosecutors also are recommending Hayat spend three years on supervised probation.

"I'm happy it's over," Hayat said Wednesday outside his home, where he has planted a vegetable garden since being released. "I can't talk now. I'll say more after Aug. 18th."

U.S. Attorney McGregor Scott said the split jury made it clear convicting Umer Hayat on the terrorism-related charges would be difficult. He said Wednesday's guilty plea made his decision to pursue a second trial worthwhile.

"Had we not reset that case for trial, we would not be standing here today saying Umer Hayat is a convicted felon," Scott said. "We got a good resolution here."

Even so, Scott could not hide his disappointment that the conviction won't include any references to terrorism. He said during Wednesday's press conference that authorities don't know why Umer Hayat was carrying that much money. Scott said Hayat told officials the money was intended as wedding presents for his children and that he was delivering friends' money to their relatives. Authorities seized the cash but later returned nearly all of it.

"This outcome was not, of course, the one most desired by the government," Scott said. "We believe to this day Umer Hayat committed those crimes (lying about terrorism). However, as you know, the jury deadlocked 7-5 and 6-6 on those counts. I have been a prosecutor for many years and am well-acquainted with the challenges of retrying a case with those sorts of juror splits."

Hayat's attorney, Johnny L. Griffin III, said prosecutors didn't offer the deal until nearly 3 p.m. Wednesday, only hours before prospective jurors were scheduled to arrive at court this morning to begin filling out questionnaires about their personal histories, relationships and knowledge of the case.

The last-minute plea went before U.S. District Judge William B. Schubb, who until 4:30 p.m. Wednesday had no connection with the Hayat case. Burrell was not at the courthouse.

Griffin said that had a second trial ended in acquittal, prosecutors in Virginia would have indicted his client on a lying charge connected to the 2003 trip.

"This is something we were prepared to resolve back in June, but the government obviously wanted the terrorism charges," Griffin said. "They could have had this a year ago.

"We're happy," he said. "I really believe Burrell is going to follow the recommendations and give him time served, but we're taking a gamble."

Woodbridge's Debra Kiriu, who served as forewoman in Umer Hayat's trial, said the government was wise to get the plea deal.

"I couldn't imagine what more could be brought to the table so a jury could make a decision," Kiriu said. "I just assumed it would be another hung jury. I couldn't imagine them going through all that again."

Monday marks one year since the Hayats were arrested by FBI agents, who had investigated potential ties between Lodi Muslims and terrorist groups since early 2002.

Hamid Hayat's motions for a new trial has delayed his sentencing, originally scheduled for July 14. He returns to court Nov. 17.